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All Journal Ranah Research : Journal of Multidisciplinary Research and Development
Engga Lift Irwanto
Universitas Andalas, Padang, Indonesia
Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Transportation Other

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Kesenjangan Struktural Norma Pengaturan Aborsi dalam Hukum Positif Indonesia: Analisis Hak Asasi Manusia dan Teori Hukum Feminis Ismansyah Ismansyah; Engga Lift Irwanto
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 8 No. 6 (2026): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v8i6.2326

Abstract

The reform of Indonesia's Criminal Code, Health Law, and its implementing regulation has been presented as progress for women's reproductive rights, yet it remains unclear whether the new framework actually meets international human rights standards. Existing studies tend to examine criminal, health, or ethical aspects in isolation, leaving a research gap concerning the combined assessment of Indonesia's abortion norms through both human rights law and feminist legal theory. This study aims to measure the gap between Indonesia's abortion norms and international reproductive rights standards and to explain why that gap persists. It employs normative legal research with statutory and conceptual approaches, analysing primary legal materials, treaty body interpretations, and scholarly literature prescriptively. The results show that the norms recognise reproductive rights only partially and symbolically, while neglecting them substantively, procedurally, and in implementation, and that they fail the legality, necessity, and proportionality tests for restricting rights. The novelty of this study lies in a three-layer reading of gender subordination, namely the construction of the legal subject, the distribution of decision-making authority, and the recognition of legitimate knowledge, which shows that the gap is structural and requires a shift from criminalisation to a health-service paradigm.
Subordinasi Gender yang Terlembaga dalam Norma Aborsi Indonesia: Pembacaan Pendekatan Dominasi MacKinnon dan Connection Thesis Robin West Engga Lift Irwanto; Yoserwan Yoserwan
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 8 No. 6 (2026): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v8i6.2327

Abstract

Indonesia has ratified every major instrument on women's reproductive rights, yet its reformed abortion norms still fall short of them. Human rights analysis shows this non-compliance but cannot explain why it persists, and existing feminist readings focus on single provisions, leaving a research gap: no study traces how gender subordination operates across the criminal, health and implementing layers together. This study aims to explain that persistence by reading Indonesian abortion norms through Catharine MacKinnon's dominance approach and Robin West's connection thesis, supplemented by Miranda Fricker's concept of epistemic injustice. It uses doctrinal legal research with statutory and conceptual approaches and the feminist method of asking the woman question. The results show that exceptions rest on victimhood and pathology rather than autonomy; decision-making authority is distributed to investigators, review teams, doctors and husbands; the medical-emergency threshold disguises a normative choice as a technical one; and the norms have a full vocabulary for the foetus but none for the pregnant woman's experience. The novelty is a three-layer framework of subordination, namely construction of the legal subject, distribution of authority and recognition of legitimate knowledge, showing that inconsistent norms nonetheless produce a consistent distribution of power.
Model Pengaturan Aborsi di Belanda, Prancis, Singapura, dan Australia: Kajian Perbandingan Fungsional sebagai Rujukan Reformasi Hukum Indonesia Aria Zurnetti; Engga Lift Irwanto
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 8 No. 6 (2026): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v8i6.2331

Abstract

Indonesia's 2023 reforms widened the exceptions to its abortion prohibition, yet procedural requirements still block access, and reform debates swing between wholesale adoption and outright rejection of foreign models. The research gap is the absence of a systematic comparison of several jurisdictions with different legal traditions that also accounts for the non-state normative orders shaping how abortion law works in practice. This study aims to compare the abortion norms of the Netherlands, France, Singapore, and Australia in protecting women's reproductive rights and to identify lessons adaptable to Indonesia. It uses normative legal research with statutory and comparative approaches, applying functional comparative law as the main analytical tool and legal pluralism theory as a complementary one. The results show that the four jurisdictions protect reproductive rights through different configurations, namely institutional compromise, constitutional guarantee, administrative licensing, and staged decriminalisation, but share three decisive functional features: control placed within the health system, no non-medical third-party authorisation, and mechanisms protecting access and confidentiality. Indonesia retains two requirements with no functional equivalent anywhere, investigator certification and husband confirmation. The novelty of this study is a service-based layered protection model showing that the most adaptable lessons are procedural and institutional rather than philosophical and substantive.
Co-Authors Aria Zurnetti, Aria Ismansyah Ismansyah Yoserwan Yoserwan